Article 10 - Cancellation policy, end consumer's right of cancellation.
(1) In accordance with the statutory provisions, the end consumer can withdraw from the purchase contract without penalty and without giving reasons within 14 (fourteen) calendar days from receipt of the goods.
(2) The cancellation period of 14 (fourteen) calendar days begins on the day on which the end consumer or a third party named by him who is not the carrier took possession of the goods.
(3) If the end consumer wishes to make use of his right of withdrawal, he must notify Intern Element (Intern Element OHG des Oberrauch P. & Co. OHG, Handwerkerzone No. 16, 39054 Klobenstein (BZ), Italy, Fax:0039.0471. 356650, email:firstname.lastname@example.org) by means of a clear statement (e.g. letter, fax or email). The end consumer can also use the model withdrawal form attached under Article 12 (6), but this is not mandatory.
(4) In order to meet the end consumer's cancellation period, it is sufficient to send the communication regarding the exercise of the right of cancellation before the cancellation period has expired.
Article 11 – Legal effects of the end consumer's withdrawal.
(1) In the event of revocation by the end consumer, Intern Element is obliged to refund all payments including delivery costs immediately and at the latest within fourteen (14) days from the date of receipt of the revocation. Excluded from this are any additional costs that result from the fact that the end user has chosen a different type of delivery than the cheapest standard delivery offered by Intern Element.
(2) For this repayment, Intern Element uses the same means of payment that the end user used for the purchase, unless something else was expressly agreed with the end user; under no circumstances will fees be charged for the repayment.
(3) The costs for returning the goods are borne by the end consumer himself.
(4) As required by art. 56 para. 3 of D.lgs. 206/2005 modified by D.lgs. 21/2014, Intern Element can suspend the repayment until it has received the goods again or the end consumer has provided proof of having sent the goods back to Intern Element; this occurs earlier depending on which of the two circumstances occurs.
Article 12 - Obligation of the end consumer after exercising his right of withdrawal.
(1) After exercising the right of cancellation, the end consumer is obliged to return or hand over the goods to Intern Element immediately and in any case no later than fourteen (14) days after notification of the cancellation.
(2) The deadline is met if the end user sends the goods before the deadline of fourteen (14) days has expired.
(3) The end consumer only has to pay for any loss in value of the goods if this loss in value is due to the end consumer handling the goods in a way that would not have been necessary to check the nature, properties and functionality of the goods.
(4) The burden of proof regarding the intended exercise of the right of withdrawal lies with the end consumer.
(5) A claim for reimbursement of the full purchase price only exists if the goods are received intact and in perfect condition, in the original packaging and complete with all parts.
(6) The right of withdrawal does not apply to the following contracts:
- Contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the end user is decisive or which are clearly tailored to the personal needs of the end user;
- Contracts for the supply of goods that can spoil quickly or whose use-by date would quickly expire;
- Contracts for the delivery of sealed goods which, for reasons of health protection or hygiene, are not suitable for return if their seal has been removed after delivery.
(7) Sample withdrawal form (if a consumer wants to withdraw from the purchase contract, he can also fill in this form and send it to Intern Element):
Internal element of the Oberrauch P. & Co. OHG OHG
Artisan Zone #16
39054 Klobenstein (BZ)
- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only if notification is made on paper)
(*) Delete where not applicable.
Article 13 - Applicable law.
(1) The present sales contract is exclusively governed by Italian law.
(2) Unless expressly agreed otherwise, the legal provisions of the Italian Civil Code apply.
(3) If the purchase contract is concluded with an end consumer, the provisions of the Consumer Protection Act (Legislative Decree No. 206 of September 6, 2005) also apply.
Article 14 - Resolution of disputes Jurisdiction.
(1) In the event of disputes arising from or in connection with this contract and its interpretation and fulfillment, the contracting parties shall endeavor to find a fair and amicable solution together. If this is not possible after two months of negotiations, each party is free to initiate legal proceedings to clarify and/or protect their rights.
(2) In this case, the parties choose the court of Bolzano (BZ), South Tyrol, Italy as the place of jurisdiction.
Article 15 – Languages.
(1) The user of the portal has the option of concluding the purchase contract in German or Italian.
Article 16 - Final provision
(1) The possible nullity and/or invalidity and/or ineffectiveness of individual contractual conditions does not affect the validity and/or ineffectiveness of the entire purchase contract or other contractual clauses. This remains valid and in effect.
(2) Any null and/or invalid and/or ineffective contractual clauses will be replaced with the agreement of the parties by clauses that aim at the same purpose or will of the parties or that best meet their interests.
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